34 terms

Law and Ethics RDA

Withdrawing care from a patient without reasonable notice or without providing a referral for completion of dental treatment
Independent functioning or the principle that expresses the concept that the dental team has a duty to treat the patient according to the patient's desires, within the bounds of accepted treatment, and to protect the patient's confidentiality.
A principle that expresses the concept that the dental team has a duty to promote the patient's welfare.
Civil Law
Noncriminal legal action that a patient may pursue against a dentist that may result in a compensation lawsuit for pain, suffering, and loss of wages resulting from a dental treatment or dentist's actions
Criminal Law
Involves a state or government action against individuals who perform nonlegal procedures or violate laws. Such lawsuits can result in disciplinary action, fines, and/or imprisonment
Dental Jurisprudence
The governing laws in the science of dentistry
Dental Practice Act
Legal restrictions set forth by each state legislative body that describe the statutes regarding performance guidelines for licensed and nonlicensed dental health care professionals
Due Care
The actions any reasonable or prudent dental care professional would perform under similar circumstances
This is one of the "four D's" in Malpractice; this refers to the relationship involved with the problem. The dentist directing the dental assistant to administrate nitrous oxide to a dental patient is an example of this relationship
refers to what the dental assistant should do - that is, a highest standard of behavior.
Expanded Function
Advanced task that requires increased skill and training performed by a dental auxiliary when delegated by a dentist in accordance with the governing state dental practice act
Express Contract
Verbal or written words that are agreed on in an established contract
An intentional misrepresentation of a fact with the intent to deprive a person of property or legal rights
Health Insurance Portability and accountability act
(HIPAA) An act passed by Congress to address the security and privacy of health data
Implied Contract
A contract that is implemented by the patient's actions, not verbally or written. Also known as implied consent
Informed Consent
The procedure of fully informing a patient about the chocies the patient has regarding his/her dental care
Informed Refusal
Occurs when the patient refuses treatment after he/she has been fully educated regarding the consequence of not receiving the treatment
the principle that the dental team has a duty to be fair in their dealings with patients without prejudice
Incorrect or negligent treatment by a professional
Failure to use a standard of care that a reasonable person would apply under related situations
The ethical principle of doing no harm, based on the Hippocratic maxim, primum non nocere, first do no harm; the principle that means that the dental team has a duty to protect the paitent from harm.
Allows in individual to transfer licensure, with the same rights, from one state to another without having to retake licensure exams
Res gestae
Statements made at the time of an alleged negligent act that are admissible in court as evidence
res ipsa loquitur
"The act speaks for inself" (Latin). The cause is obvious
respondeat superior
"The master answers" (Latin). The employer is responsible for all employee actions
Risk management
Actions implemented to miximize legal risks to the dental practice
an oral defamation; the saying of false and malicious words about another, resulting in injury to his or her reputation.
any words spoken with malice that are untrue and prejudicial to the reputation, professional practice, commercial trade, office, or business of another person.
Standard of Care
A diagnostic and treatment process that a clinician should follow for a certain type of patient, illness, or clinical circumstance. a legal term and it means "the way it ought to be done"
a law enacted and established by a legislative department of government or
statute that provides for the recovery of damages by a party other than the party who received the fatal injuries.
Intentional or unintentional act that causes harm
The dental team has a duty to be honest and trustworthy in their dealings with people
Health and Human Services
Health Insurance portability and Accountablility Act
Personal Health Information